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CRLA/510/2019
2022 Latest Caselaw 7564 AP

Citation : 2022 Latest Caselaw 7564 AP
Judgement Date : 1 October, 2022

Andhra Pradesh High Court - Amravati
CRLA/510/2019 on 1 October, 2022
             HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: Crl.A.No.510 of 2019

                             PROCEEDING SHEET
Sl.                                                                        OFFICE
        DATE                              ORDER
No.                                                                         NOTE
      01.10.2022   KSR,J & GRKP,J (per KSR,J)

                                   I.A.No.1 of 2022
                         The present application is filed on behalf of
                   accused No.7 in Sessions Case No.122 of 2014 on the
                   file of Sessions Judge, Mahila Court, Vijayawada (for
                   short, the 'Court below') who is the appellant in
                   Crl.A.No.510 of 2019 seeking bail pending disposal
                   of the criminal appeal.
                         Learned counsel for the petitioner-accused
                   No.7 submits that the petitioner is convicted along
                   with accused 1 to 6 by the Court below and
                   sentenced to suffer rigorous imprisonment for ten
                   years and to pay fine of Rs.500/-, in default to
                   suffer rigorous imprisonment for six months for the
                   offence under Section 449 r/w.149 IPC and to suffer
                   imprisonment for life and to pay fine of Rs.500/-, in
                   default to suffer simple imprisonment for three
                   months for the offence under Section 396 r/w.34
                   IPC vide judgment dated 29.04.2014. Immediately
                   after pronouncement of the judgment in the above
                   sessions case, the petitioner was taken into custody
                   and   presently he    is lodged   in   Central Jail,
                   Rajahmundry.
                         While so, the father of the petitioner died on
                   20.09.2022 due to ill health. The obsequies of the
                   father of the petitioner are going to be performed
                   on 02.10.2022. As such, the petitioner filed the
                   present application seeking his release on bail for a
                   limited period to perform the last rituals of his
                   father.
                         2

         The learned Assistant Public Prosecutor on
instructions informs this court that the factum of
death of father of the petitioner is correct, that
obsequies of the father of the petitioner are going
to be performed on 02.10.2022 and that the house
of the petitioner is adjacent to Mangalagiri Rural
Police     Station     and     therefore   there   is   no
apprehension of the petitioner jumping bail.
         In that view of the matter, this Court is
inclined grant bail to the petitioner-accused No.7
for a limited period i.e., from 02.10.2022 to
05.10.2022

.

Accordingly, the Superintendent, Central Prison, Rajahmundry, is directed to release the petitioner-accused No.7 on bail for four days i.e., from 02.10.2022 to 05.10.2022 on condition of his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with one surety for the like sum. The petitioner-accused No.7 is directed to surrender before the Superintendent, Central Prison, Rajahmundry, on or before 05.00 P.M. on 05.10.2022. The petitioner-accused No.7 is further directed to report before the Station House Officer, Mangalagiri Rural Police Station, twice on everyday at 10.00 A.M. and 05.00 P.M.

The application is accordingly ordered.

_____ KSR,J

______ GRKP,J

Note: Issue CC today B/o VTS

 
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